Musidor v. Great American Screen Winterland Concessions Co’s Empirical Analysis
658 F.2d 60 · 1981
Citation profile
15 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 40 later decisions (1 by the Supreme Court) — most recently June 2019 · most notably Young v. United States Ex Rel. Vuitton Et Fils S. A. (1987), Dole Fresh Fruit Co. v. United Banana Co. (1987)
15 federal appellate · 3 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Duncan v. State of Louisiana · Bloom v. Illinois · Baldwin v. New York · Taylor v. Hayes · Cheff v. Schnackenberg
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest.”
5 later decisions quote this exact passage · from the majority“In the leading case of McCann v. New York Stock Exchange, 80 F.2d 211, 214 (2d Cir.1935), cert. denied sub nom. McCann v. Leibell, 299 U.S. 603 , 57 S.Ct. 233 , 81 L.Ed. 444 (1936), Judge Learned Hand acknowledged that to prosecute a criminal contempt committed outside the presence of the court, “the judge may prefer to use the attorney of a party, who will indeed ordinarily be his only means of information.... There is no reason why he should not do so, and every reason why he should_” Appellants are well aware that the Advisory Committee on Rules relied upon the McCann case in establishing Federal Rule of Criminal Procedure 42.... The practicalities of the situation — when the criminal contempt occurs outside the presence of the court but in civil litigation — require that the court be permitted to appoint counsel for the opposing party to prosecute the contempt. There is no fund out of which to pay other counsel in such an event, nor would it be proper that he be paid by the opposing party. This is not the kind of case for which legal aid societies or public defenders are available. In short, we follow the above quoted statement by Judge Hand in McCann . [Citations omitted].”
3 later decisions quote this exact passage · from the majority“Criminal prosecutions, that is, those which result in a punishment, vindictive as opposed to remedial, are prosecuted either by the United States or by the court to assert its authority. The first are easily ascertainable; they will be openly prosecuted by the district attorney; it would not seem to be of consequence how they are entitled when that is true. In the second the court may proceed sua sponte without the assistance of any attorney, as in the case of disorder in the courtroom; there can be little doubt about the kind of proceeding when that is done. But the judge may prefer to use the attorney of a party, who will indeed ordinarily be his only means of information when the contempt is not in his presence. There is no reason why he should not do so, and every reason why he should, (emphasis added).”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.